H. P. DREWRY S.A.R.L. v. A. S. ONASSIS.

(1941) 71 Ll.L.Rep. 179

COURT OF APPEAL.

Before Lord Justice MacKinnon and Lord Justice DU Parcq.

Trading with the Enemy Act, 1939-Alien enemy-Right to sue-Licence from Crown-Dispute under charter-party- Claim by French charterers for breach of charter - Arbitration - Award in form of special case-Findings of arbitrator: (1) that charterers were alien enemies at common law; (2) that they were enemies within the meaning of the Act; (3) that letters written by the Board of Trade constituted a licence to the charterers to bring proceedings in the English Courts- Application by charterers that case should be set down for hearing by the Commercial Court-Preliminary objection by owners on ground that charterers or their solicitors would be committing an offence under the Act in taking any further steps in the arbitration-Question whether charterers were alien enemies at common law not raised-Decision of Atkinson, J., that, assuming the charterers were enemies within the definition contained in the Act, the letters amounted to an authority to sue-Appeal by owners.